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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Claim following "full and final settlement" : WON


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I had a Capital One account.

 

I disputed charges, and finally, Capital One and I agreed to close my account (over £400 in charges only on a 200 limit) if I paid £185 towards settlement. This was a "full and final settlement" offer made by them. This was BEFORE the OFT finding but after I had opened a parachute with a £650 limit.

 

Can I legally reopen the matter with them and seek refund of ALL of the remaning charges at this stage, or am I bound by the compromise?

 

Thanks all

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Yes - you were unaware at the time that their charges were unlawful - you would not have agreed to the settlemenst had you been aware of this fact.

 

Any thoughts on wording?

 

"I refer to the settlement agreement made last xxx. It appears that you misled me in this settlement agreement as you implied that the charges on my account were lawful ands that you operated the account in a lawful manner.

 

As you know, the OFT has reently determined that this was not the case, and your charges are unlawfully high, and intended as a penalty, not a genuine pre-estimate of your costs. Accordingly, it would be available to the court to re-open the agreement, and set aside the compromise.

 

As a result, therefore, I am now seeking repayment of ALL of the penalty charges applied to my account, a total of some £1300 over 5 years"

 

then onwards with the "14 days, fit and proper person etc"

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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In spirit the letter is about right (although I would suggest a spell/grammar check)

 

However, if you ARE going to go down this route, then you may as well do it fully. Start off with the DPA request, and take it from there.

 

In a nutshell, make a DPA request using your draft letter (the reason you are making it) - it will be interesting to see how they deal with it...

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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"Dear BikerPaul

 

Blah Blah Blah, £10 cheque Blah Blah

 

Yours etc

 

Miss Katherine Blunt"

 

"Dear Captial One.

 

Please find enclosed cheque for £10. I find it interesting that in many cases you have been providing this information free of charge, and wonder why you are now applying the legal maximum charge. Please note that in the event I find Capital One to have applied unlawful charges to my accoubt, I will be reclaiming this fee back in adition to any other claim I may have against you.

 

Yours sincerely

 

BikerPaul"

 

Thoughts please?

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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"Dear BikerPaul

 

Blah Blah Blah, £10 cheque Blah Blah

 

Yours etc

 

Miss Katherine Blunt"

 

"Dear Captial One.

 

Please find enclosed cheque for £10. I find it interesting that in many cases you have been providing this information free of charge, and wonder why you are now applying the legal maximum charge. Please note that in the event I find Capital One to have applied unlawful charges to my accoubt, I will be reclaiming this fee back in adition to any other claim I may have against you.

 

Yours sincerely

 

BikerPaul"

 

Thoughts please?

The DPA request £10 isn't a charge made by the bank, it's a statutory fee - i would go with the standard letter tbh http://www.consumeractiongroup.co.uk/forum/showthread.php?t=516

 

See the second post in that thread also "The request is not valid until it is properly received at the bank and is accompanied by The maximum statutory payment of £10."

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  • 3 weeks later...

Well, they acknowedged receipt, but haven't cashed the cheque yet...

 

Are they holding on to it till the 40th day to see if it bounces?

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Well, they acknowedged receipt, but haven't cashed the cheque yet...

 

Are they holding on to it till the 40th day to see if it bounces?

 

SAR disclosure arrived yesterday, no metion of cheque, and £415 in charges alone, before interest. This is on a £200 credit limit.

 

Prelim approach going in today, I think...

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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  • 2 weeks later...

No reply to Preliminary letter, so LBA went in today, reminding them of the banking code and asking for my Fscking money back, in my best Bob Geldof voice.

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Yeah, Cap 1 ignored my prelim and answered my LBA right at the end of 14 days - I ended up claiming and have offer of settlement in full.....I am sure the Bob Geldof voice helps enormously!!

 

Keep us posted

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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I wonder why the banks don't realise that every time they ignore you, instead of responding, they are breaching the Banking Code?

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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YES!!

 

Capital One have opened their purse.

 

Only to the tune of £180, but that's better than nothing, and I'll now pursue them for the balance, of £370, which is a smaller figure, so they will probably agree without court.

 

It works, guys.

 

Donation on the way :-)

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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  • 4 weeks later...

10 July - Dear BikerPaul - blah blah £152 final settlement.

 

14 July - Dear C1. £550 in court, shove your £152...

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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  • 3 weeks later...

31 July - Dear BikerPaul - £546.73 was your claim, we'll pay the claim but NOT the interest.

 

Do I tell them to shove the £546.73, cos today's figure is £553.93 and it accrues by 36p per day, or do I go ahead and settle? The sum on the date of offer was £552.85, which they seem to have failed to take into account.

 

Since my numbers go up by over £1 every 3 days, I'm tempted to reject...

 

Thoughts please...

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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SETTLED - £552 by BACS transfer. So that's £732 from Cap One in total.

 

I make that a £36 donation to make once it hits.

 

The process works, folks... nil carborundum illigitimae.

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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CONGRATULATIONS

Can you also take a minute to fill in our survey please , as the survey gives new users confidence to relaim their charges to :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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good one mate

Freebird x

1/6/06 request charges

16/6/06 received charges

18/6/06 first request for refund

3/7/06 "No" letter from bank

13/7/06 LBA

7/08/06 handed claim to court

10/8/06 court stamped as date of issue

24/8/06 deemed to be served

25/8/06 Sechiari filed acknowledgement of service

6/9/06 defence served

9/9/06 copy of defence and AQ received by me

25/9/06 deadline for AQ submission

25/9/06 call Sechiari confirm safe receipt of my AQ

26/9/06 received copy AQ from Sechiari

29/9/06 letter to SCM to say "you want 1 month to settle, so settle"

18/10/06 after "strained communications"and how !

verbal offer of full settlement with conditions

communications rejecting conditions from me

5/11/06 received letter offering settlement with conditions

7/11/06 sent fax rejecting conditions etc

14/11/06 unconditional settlement in bank and how !;)

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  • 10 months later...

Thanks a million times for hints I received from this site towards reclaimimg my ppi from Blackhorse. I had taken up a loan with them for £20000 in July 2005 plus a £9000 ppi as a strict condition to having my loan approved. I did tell them even in writing that I did not require a ppi. The laon plus ppi was paid back in full in January 2007. Anyway from advise receive after I joined this site I wrote a letter requesting full payment of my ppi. I am very excited as today I got a phone call from blackhorse promising to pay back my ppi within two weeks - just can't wait to see how far their verbal promise will go. I am not sure what the next step will be but I plan to go all the way with them should they fail. I have letters to show my various attempt to cancell the ppi two weeks into the life of my loan agreement with them. Fingers cross and thank you every one.

With Halifax I still await my statement from them.

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  • 11 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

--

Nationwide started 25/4 Statements 19/5/06 Settled by Tomlin order

 

Barclaycard started 26/4 Statements 3/6 £350 claimed

Claim 6QZ42513 - Default Judgement 1/8/06 - Settled for £358

New claim started for further charges, Prelim letter 3/10

DPA issues included in claim

 

Capital One started 26/4 Statements 31/5/06 £550 claimed Claim 6QZ46307 - Settled for £552

 

Littlewoods account default REMOVED

 

Camden Council PCN £84.59 claimed Claim 6QZ54253 issue 22/9/2007 Claim dismissed :mad:

 

Parachute packed and tested :!: and they know who I am now...

 

Moneyclaim is STILL busy... ;)

 

<link removed - sorry>

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Thread Locked

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If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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